UAAD'S PROPOSAL to FUND SOLAR PANELS for LOW-MODERATE INCOME HOMES

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UAAD Truckers Complaint

This site is designed for truckers to review and post DOT violations committed by companies. We ask that you post your comments. Your comments can also be emailed to: walter@uaad.org
 

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Heather E. Morrison, Director / Utah Antidiscrimination & Labor Division

e-mail: hmorrison@utah.gov

 

Your various agencies are confusing.  Is this intentional or is????

Complaints Always Ignored When African Americans Are The Victims

See:  www.TruckersComplaint.com

From:

  DISCRIMINATION DISCRIMINATION   discrimination@utah.gov  

Add to: Blog, To Do, Calendar

To:   uedcinc@aol.com

Cc:

Bcc:

Date:

Mon, 21 Apr 2008 3:47 pm

Your email has been forwarded to Monica Austen.  Thank you.

>>> <uedcinc@aol.com> 4/18/2008 2:43 PM >>>

 

This video describes the red-tape and confusion that is the norm when

African Americans complain about discrimination in the United States.

This system exists due to support and a conspiracy with Federal

agencies, Congress and the Media. The following is a lengthy

conversation with Ms. Austen of the Labor Commission of the State of

Utah (click the link below)

Agencies Fail to Respond When African Americans Are the Victims

http://www.youtube.com/watch?v=fnN8qf2pTbs

Conversation With Labor Commission (part 2)

http://www.youtube.com/watch?v=wj8Y4iz0ec4

 

From:

DISCRIMINATION discrimination@utah.gov   To:   uedcinc@aol.comCcBcc: Date: Mon, 9 Jun 2008 7:39 am

>>> <uedcinc@aol.com> 6/6/2008 4:34 PM >>>
Walter Ellis vs Central refrigerated Services, CRS????
                   
Could you provide the status of this complaint, see:
www.youtube.com/uaad23    
www.TruckersComplaint.com www.JusticeforBlacks.blogspot.com   
Walter L. Ellis, uedcinc@aol.com 

 

From:

DISCRIMINATION  discrimination@utah.gov   To:   uedcinc@aol.comCc:Bcc:    Date: Mon, 9 Jun 2008 7:37 am

Mr. Ellis:  If
                  you would like to file a discrimination 
complaint through this office certain criteria must
                  be met:
1) your employer
                  must have 15 or more employees, 
2) your concerns must be timely, and 3) you must believe
                  
what has happened to you is because of your race, color, 
sex, age, religion, national origin or disability.  
Sending out an email to multiple
                  entities complaining 
about the treatment of blacks in general does not 
constitute the filing of a complaint
                  with this office.  
I would need your full name, address, date of 
birth, and verification from you
                  that you meet the above 
criteria.  I will then send the forms out to you to file a
                  
complaint.  To date you have not filed a complaint with 
this office. 
                  Your complaint would need to be written, 
by our office, and then signed by you & notarized and 
mailed to us.  It is then considered
                  filed.  You cannot 
file a complaint electronically by sending out an email. 
                  
If you need to discuss this with me further feel free to 
call me direct at 801-530-6006.
Your complaint would need to be written, by our office, 
nd athen signed by you & notarized and mailed to us.  

June 9, 2008, from Ms. Morrison:

Thank you for contacting the Utah Antidiscrimination & Labor Division.  If you believe that you have been subjected to employment discrimination, please complete the attached General Intake Questionnaire and return it to our offices as soon as possible.  Once we receive your completed Questionnaire, we will process and investigate your claims.

From:

 

June 9, 2008

Utah labor Commission

Employment Discrimination

P.O. Box 146630

Salt Lake City, UT 84114-6630

ATTN: H. Morrison

 

There is no Justice when BLACKS are the VICTIMS

Late 2007 I filed a complaint with the Federal Motor Carrier Safety administration, FMCSA regarding numerous violations of the Department of Transportation, DOT regulations.  See:

http://www.unitedaffirmativeactiondevelopment.com/id41.html

March 10, 2008 I was terminated by Central Refrigerated Services, CRS, see:

http://unitedaffirmativeactiondevelopment.com/id45.html

This date June 9, 2008 I received the following reply from FMCSA:

 

U.S. Department                                                                                                                 2520 West 4700 South, Suite 9B

of Transportation                                                                                                              Salt Lake City, UT 84118

Federal Motor Carrier

Safety Administration

Utah Division Office                                                                                                         Phone: 801-963-0096

Fax: 801-963-0086

 

Mr. Walter Ellis

June 5, 2008

RE: Complaint # UT-2008-0049-US0976

Dear Mr. Ellis:

This document is in follow-up to you as a result of information you supplied concerning Central Refrigerated Service Inc of West Valley City, UT.

The matter has been investigated and certain instances of noncompliance of the Federal Motor Carrier Safety Regulations as you alleged were discovered. An enforcement action, in which civil penalties will be assessed against the carrier, is currently being prepared to address the carrier's noncompliance.

If you find that these violations continue or other violations occur, please advise us.

Thank you for your interest in highway safety.

If you have any questions, please contact Kim R Frankfourth, Federal Programs Specialist, at (801)963-0096. Sincerely, Robert P. Kelleher Division Administrator

We have asked and are waiting to receive specifics of the violations we alleged Central Refrigerated Service is guilty of committing, and specifics of penalties assessed.  It is our intent to post these assessments on www.TruckersComplaint.com and other web sites.

FMCSA’s findings that UAAD / Walter Ellis’s allegations were confirmed is further proof that the retaliatory actions, including termination for filing this and other complaints were in violation of Federal laws and regulations, see:  http://unitedaffirmativeactiondevelopment.com/id12.html

There is no Justice when BLACKS are the VICTIM, see:  www.justiceforBLACKS.blogspot.com

We ask that Agencies use these statements as part of our discrimination complaint, see:

www.youtube.com/uaad23 Walter L. Ellis, CEO UAAD uedcinc@aol.com 866 276-2294

 

Date: Tue, 10 Jun 2008 7:03 am

DISCRIMINATION  discrimination@utah.gov  To:   uedcinc@aol.comCc:Bcc:    

Your email has been forwarded to Heather Morrison
                  for her response.
>>> <uedcinc@aol.com> 6/9/2008 7:17 PM >>> 
June 9, 2008
Utah labor Commission Employment
                  Discrimination P.O. Box 146630
Salt Lake City, UT 84114-6630    ATTN:
                  H. Morrison

 

June 10, 2008, from Ms. Morrison

Mr. Ellis:

By State and Federal law, the only way we can begin an investigation is if we have a complaint filed by a complainant.  Although you seem to want us to help you, the only legal way we can do that is if you file with us.  If you continue to refuse to do so, then please stop sending me these emails.  I will simply delete them.

 

 Revised: 11/14/2005 Page 1

INTAKE QUESTIONNAIRE - EMPLOYMENT DISCRIMINATION

LABOR COMMISSION

UTAH ANTIDISCRIMINATION & LABOR DIVISION

160 East 300 South, 3rd Floor

P.O. Box 146630

Salt Lake City, UT 84114

Office 801-530-6801 – Toll Free 800-222-1238 – TDD 801-530-7685

 

Mr. Walter            Louis            Ellis

(First)             (Middle)       (Last)

Address _City:        State:          Zip: 

Telephone: Home ( ) Other ( )

Date of Birth_Email address:   uedcinc@aol.com

 

THE FOLLOWING INFORMATION WILL ONLY BE USED FOR STATISTICAL PURPOSES:

Sex: [X ] Male [ ] Female Race: [x ] Black [ ] White [ ] Asian/Pacific Islander [ ] American Indian or Native American  National Origin: [ ] Mexican [ ] Hispanic/Latino [ ] East Indian [ ] Arab, Middle Eastern [ ] Other

Whom are you filing against? (Where you worked in Utah)

(Employer –x Union - Employment Agency - Apprenticeship Program)

Organization Name__Central Refrigerated Service, INC

 

Address__5175 West 2100 South   City: West Valley City      State: UTAH    Zip_84120

Highest Official _Mark Wilkey , General Council Telephone: ( )

Type of Business _Truck / Transportation_________________________________

_How many employees does the company have?

[ ] Less than 15 [ ] 15-100 [ ] 101-200 [ ] 201-500 [x ] 500+

Are there less than 15 employees in Utah Yes [ ] No [ x]

Corporate office, parent or leasing company:

Company Name:  Central Refrigerated service, INC.

Address:  _same as above  ______________

City _______________________________________ State _________________ Zip

Person to Contact:  Mr. Bill Baker      Phone: ext. 

 

Revised: 11/14/2005 Page 2

EMPLOYMENT INFORMATION

Date of Hire:  8/28/07     Date of Separation:  3/10/08

Job Title: Truck Driver       Wage:  Varied

Supervisor:   Brandi Holt Davis 

First Date of Harm: Sept.  2007   Latest Date of Harm:  03/10/08 

PROTECTED CLASS – I believe I have been treated differently from others because of my:

x ] Race [ ] National Origin [ ] Color [ ] Religion [ ] Age/over 40

[ ] Sex/Gender [ ] Pregnancy [ ] Disability (describe your disability)

[ x] Retaliation (for reporting, opposing or complaining of discrimination)

If your complaint is based on a claim of disability or failure to accommodate,

complete the ADA questionnaire in addition to this one.

HARM – I was subjected to discrimination because:

[x ] Assignments [ ] Hiring [ ] Sexual Harassment

[ ] Benefits [ ] Intimidation [ ] Suspension

[ ] Demotion [ ] Promotion [x ] Terms & Conditions

[ ] Discharge or Resignation [ ] Layoff [ ] Training

[ ] Discipline [ ] Retirement [ ] Wages

[ x] Harassment [ ] Reasonable Accommodation [ ] Other___________________

(For disabilities only)

Did you report or complain of discrimination? Yes_x____ No ______

To whom did you report it? Bill Baker_________________________When? 12/28/07

Please briefly explain, See: http://unitedaffirmativeactiondevelopment.com/id41.html

Describe any harm you suffered after you complained:

http://unitedaffirmativeactiondevelopment.com/id45.html

What reason did the employer give for the action taken against you?

http://www.unitedaffirmativeactiondevelopment.com/id43.html

Why do you believe that the reason given by the employer is not true?

See documents , and recordings on your department received by registered mail 6/02/08, addressed to:  UTAH LABOR COMMISSION / Employment Discrimination,  PO Box 146630  Salt Lake City, UT  84114-6630

 

Revised: 11/14/2005 Page 3

WHO ARE YOUR WITNESSES?

Name                           Job Title                   Address              /     Phone

1. Injured Truck Driver   Atlanta, GA  

What will #1 tell us?  That this company discriminates against Blacks in many different ways

2. Vincent Derrick     Truck Driver              (Homeless)           

What will #2 tell us? See:  www.truckerscomplaint.com After submitting Mr. Vincent Derrick a driver for the company name as a complainant regarding discrimination and DOT violations in a meeting February 25, 2008 Mr. Derrick was I understood was terminated the following day.  See recordings.

3. Truck Driver               Unknown               What will #3 tell us? That this company CRS discriminates against African Americans and females

Name others who were treated differently or better than you.

Name: Carl Dicharo    Job Title:  Fleet Director   Race /National Origin: White  

Sex: male  Age: 50?

Name others who were treated the same as you.

Name Job Title Race /National Origin Sex Age:

Most all African Americans Drivers, shop workers, etc. regardless of sex or age.

Do you have any documents or evidence to support your complaint? Describe:

CD’s mentioned above, last paragraph pg. 2

List someone we can contact if we cannot reach you:

Name

Address:

Telephone: Home ( ) Work ( )  N/A   Other ( )

IF YOU HAVE HIRED AN ATTORNEY TO REPRESENT YOU, PLEASE COMPLETE THE FOLLOWING

INFORMATION:

Name     Phone _____________address___________________________

 

Revised: 11/14/2005 Page 4

REMEDIES:

Utah state law prohibits discrimination and provides that if you are a victim of employment discrimination you

may be entitled to certain remedies which may include back wages, reinstatement and/or a letter of recommendation, employment offers, promotions, expungement of your personnel file or an apology. Please list below what you expect as an appropriate remedy to your complaint. Re-instatement as in management as previously requested. I ask that CRS implement the work relation agreement requested 12/28/07.

 

“MY STORY”

Write a paragraph describing each of the “HARMS” that you checked above. Include dates, names of people involved, and why you feel that it was discrimination.

My name is Walter Ellis, CEO UNITED AFFIRMATIVE ACTION DEVELOPMENT CORP, UAAD. We are assisting TRUCK DRIVERS in DISCRIMINATION and DOT Complaints in the trucking industry.  As the CEO of UAAD we ask your assistance for these truckers who are urgently in need of your help. 

Our organization began in December 2007 negotiating with Central Refrigerated Service, to increase their minority participation, management in particular. In addition to being the CEO and founder of UAAD a 501c3 non-profit I became a Driver and later an owner operator with CENTRAL REFRIGERATED SERVICES. After several meetings with Management and their Attorney I later filed a DOT and DISCRIMINATION complaint. Several weeks after filing these complaints I was later terminated on March 10, 2008. CENTRAL REFRIGERATED SERVICE’S numerous violations of DOT regulations are being supported by DOT officials.  Federal and State Agencies and officials conspire with CRS in ignoring these Federal Laws and Regulations.                                                                                    

After complaining to Cole the terminal manager at the Conley, GA terminal regarding illegal dispatches and other mistreatment of African Americans and myself, I was later put in touch with Mr. Bill Baker in a telephone conversation.  I later met with Mr. Baker the Director of Human Recourses for CRS at the West Valley City terminal in UTAH on December 28, 2007.  See attached recordings:  ger This date, in a meeting with Mr. Decharo and a taped conversation, he threatened to fire me several times that date.  Mr. Decharo and Mr. Thompson were very unhappy due to my not qualifying two trainees who had admitted vision problems that created unsafe driving conditions.  These drivers were assigned other trainers and continued to drive with their faulty vision.  See recordings.

Due to my complaints regarding these two trainees I was dismissed as a trainer, creating financial losses in wages. 

It was later agreed that I would be re-instated as a Trainer if I became a lease operator.

Prior to signing the lease agreement in a taped conversation IAN the manager of the lease program stated that I would retain my driving status if the lease program did not work for me.  See recordings.

I was told by management at the Conley, GA terminal that I was being retaliated against due to the DOT complaint in particular I had filed.  See recordings

After termination in a  taped conversation with Ms. Kim Frankfourth with the Federal Motor Safety Carrier, FMSC she argued that her department did not inform CRS of my complaint I had made to the Salt Lake office.  See recordings

 

I was also advised that a Mr. David Blaur of the Salt Lake office would contact CRS drivers to receive their complaints by telephone.  See recordings

Seldom have Mr. Blaur returned calls, an apparent method to discourage complaints, which have been successful.

After submitting Mr. Vincent Derrick a driver for the company name as a complainant regarding discrimination and DOT violations in a meeting February 25, 2008 Mr. Derrick was I understood was terminated the following day.  See recordings.

www.justiceforblacks.blogspot.com                                 

www.youtube.com/uaad23                                 www.uedcdwb.blogspot.com

 

Monday, April 14, 2008

Complaints Are Always Ignored When African Americans Are The Victims

UAAD and others have been seeking an investigation and asking for a CONGRESSIONAL HEARING regarding the trucking industry and DOT regarding violations against African Americans. CONGRESS, the MEDIA nor GOVERNMENT AGENCIES are concerned when African Americans are the victims. COURTS and GOVERNMENT AGENCIES are not concerned when AFRICAN AMERICANS are the VICTIMS. This country’s HUMAN RIGHTS violation is worse than the Rights this administration is accusing CHINA and other countries of committing.
These conditions exist due to Federal and State agencies conspiring with companies in violating Civil Rights laws and regulations. It is very difficult for an agency such as the FBI to enforce regulations that they themselves do not believe in and seldom enforce, unless the injured party is a White female as practiced under the so-called “Affirmative Action” legislation put in place and implemented to dilute Civil Rights legislation in order that White Females and White Males would be the beneficiaries. Courts, Government and Law Enforcement Agencies fail to act when African Americans are concerned? see:
http://www.uaad.org/ The Feds Regulate and Collaborate with Banks http://www.unitedaffirmativeactiondevelopment.com/id41.html
UAAD VS CENTRAL REFRIGERATED SERVICE
http://www.unitedaffirmativeactiondevelopment.com/id42.html
CRS’s WRONGFUL TERMANITION of “BLACKS”
http://www.unitedaffirmativeactiondevelopment.com/id45.html
UTAH ATTORNEY GENERAL COMPLAINT
http://www.unitedaffirmativeactiondevelopment.com/id43.html
http://www.truckerscomplaint.com/ / http://justiceforblacks.blogspot.com/ www.youtube.com/uaad23
Congress, the MEDIA nor Government Agencies are concerned when African Americans are the victims  DUE PROCESS for BLACKS, SAN DIEGO COURTS see:
http://uedcdwb.blogspot.com/


COMPLAINTS are ALWAYS IGNORED when AFRICAN AMERICANS are CONCERNED
UNITED AFFIRMATIVE ACTION DEVELOPMENT CORP, UAAD is assisting TRUCK DRIVERS in DISCRIMINATION and DOT Complaints in the trucking industry. As the CEO of UAAD we ask you to help these truckers who urgently need your assistance. Our organization began in December 2007 negotiating with Central Refrigerated Service, to increase their minority participation, management in particular. In addition to being the CEO and founder of UAAD a 501c3 non-profit I became a Driver and later an owner operator with CENTRAL REFRIGERATED SERVICES. After several meetings with Management and their Attorney I later filed a DOT and DISCRIMINATION complaint. Several weeks after filing these complaints I was later terminated on March 10, 2008.
CENTRAL REFRIGERATED SERVICE’S numerous violations of DOT regulations are being supported by DOT officials. Federal and State Agencies and officials conspire with CRS in ignoring these Federal Laws and Regulations.
There are far more injuries and deaths occurring on our Nation’s highways due to The FEDERAL MOTOR SAFETY CARRIER ADMINISTRATION’s neglect in the trucking industry, than the injuries and deaths caused by The FEDERAL AVIATION ADMINISTRATIONS neglect that Congress is presently investigating in the air industry, both regulated under The DEPARTMENT of TRANSPORTATION.
Congress and the DOT are always more concerned about issues that affect Caucasians as in the air industry. Congress and the DOT are less concerned about the trucking industry where African Americans and other minorities are affected to a larger degree.
UAAD has been instrumental in filing numerous Civil Rights, HUMAN RIGHTS complaints with Federal and State Agencies since the mid 80’s. These complaints are “always” ignored when AFRICAN AMERICANS are the victims.
It is stated that CRS employee DOT officials who in turn will not allow complaints submitted to the Federal Motor Safety Carriers Administration, FMSCA to be investigated.
DOT at least on one occasion were stated to conspire with CRS in illegally transporting a Hazardous Material load on or about July 15, 2007. This load was moved to an undisclosed location with the assistance of DOT. After reporting the incident to Ms. Kim Frankfourth at the UTAH DOT office in April 2008, she stated first her department didn’t investigate these matters. UAAD have documented statements to prove the authenticity of this violation. After reporting this and other violations to DOT, we have been asked to report these violations to Mr. David Blaur at the UTAH office in the form of telephone conversations. Time and efforts have been spent making these complaints, with few or no replies from Mr. Blaur or Ms. Frankfourth of the FEDERAL MOTOR SAFETY CARRIER ADMINISTRATION, FMSCA.
On March 28, 2008 I spoke to Kay at the UTAH Attorney General’s Office regarding the duplication and red-tape truck drivers had to navigate in order to file discrimination and other complaints in the state of UTAH. Kay went on to state that “you should go to another company to seek employment, if you are not happy with this company”. I explained to Kay that as a former police officer I felt that her department had an obligation to investigate criminal activity, regardless of race. Again these complaints are “always” ignored when AFRICAN AMERICANS are the victims.
UAAD and others have been seeking an investigation and asking for a CONGRESSIONAL HEARING regarding the trucking industry and DOT regarding violations against African Americans. Congress, the MEDIA nor Government Agencies are concerned when African Americans are concerned.
CENTRAL REFRIGERATED SERVICE, CRS need to be investigated before another Republican is elected, upholding their discriminatory practices as is being up held by this administration.
We are asking for a Congressional Hearing(s) to address these complaints in the TRUCKING INDUSTRY.
UAAD is asking assistance to put in place a procedure where the hundreds of thousands of TRUCKERS can have absentee ballots at truck stops and other locations in order to vote. Possibly after these votes are cast, with minorities participating this Government may become concerned when AFRICAN AMERICANS are involved
The red-tape has to be re-moved to allow all States to provide these ballots. The power of the vote will increase TRUCKERS political interest and strength.
UAAD seek your assistance in protecting the rights of these Drivers.
UAAD IS SEEKING A CONGRESIONAL HEARING TO ADDRESS THESE ISSUES
See:  http://www.truckerscomplaint.com/       http://www.youtube.com/uaad23

Continue your story on a separate sheet of paper if needed>>

In submitting this form, you agree to advise the Division of any change in your address and/or telephone number and commit that you will fully cooperate in processing this charge in accordance with our policies and procedures. Failure to cooperate may result in the dismissal of the charge or issuance of findings based on the information contained in the file. You may contact us at 801-530-

6801 or 800-222-1238.

 

______________________________________________________________________

Complainant’s Signature                                                   Today’s Date

UAAD and others have been seeking an investigation and asking for a CONGRESSIONAL HEARING regarding the trucking industry and DOT  violations against African Americans.  Congress, the MEDIA nor Government Agencies are concerned when African Americans are concerned.

It is stated that CRS employee DOT officials who in turn will not allow complaints submitted to the Federal Motor Safety Carriers Administration, FMSCA to be investigated.

DOT at least on one occasion were stated to conspire with CRS in illegally transporting a Hazardous Material load on or about July 15, 2007. This load was moved to an undisclosed location with the assistance of DOT.  After reporting the incident to Ms. Kim Frankfourth at the UTAH DOT office in April 2008, she stated first her department didn’t investigate these matters.  UAAD have documented statements to prove the authenticity of this violation.  After reporting this and other violations to DOT, we have been asked to report these violations to Mr. David Blaur at the UTAH office in the form of telephone conversations.  Time and efforts have been spent making these complaints, with few or no replies from Mr. Blaur or Ms. Frankfourth of the FEDERAL MOTOR SAFETY CARRIER ADMINISTRATION, FMSCA.

In order to file a DOT complaint against Central Refrigerated Services contact:

Utah office of the Federal Motor Safety Carrier Administration, FMSCA, Mr. David Blaur, Phone # 801 963-0096 ext 203. 

Questions, Complaints, Requests, or Suggestions
General Office Numbers: (801) 366-0260, (801) 538-9600, (801) 366-0300
Toll Free within the State of Utah: (800) AG4 INFO (244-4636)
E-Mail:
uag@utah.gov
 "NOW is the TIME", for the  Office of the Attorney General  to begin.....

How CENTRAL REFRIGERATED SERVICES, a SWIFT owned company, treat African Americans

March 18, 2008

A complaint as expressed in telephone conversations with a former Driver for CENTRAL REFRIGERATED SERVICE, CRS, Vincent Derrick:

I met Mr. Derrick several months ago at CRS’s Fontana terminal.  He stated at that time he was being harassed by his Driver Manager after complaining about illegal dispatches and other issues he deemed to be discriminatory due to his being African American.  After advising Mr. Derrick that I was meeting with CRS officials as the CEO of UAAD, a 501c3 non-profit, to discuss DOT and discrimination in particular as pertaining to African Americans. 

After giving Mr. Derricks information and a verbal explanation of his complaint in a meeting with Mr. Bill Baker, Human Resources Director, Mr. Carl Dicharo, Fleet Manager, with Attorney Mark Wilkey on a conference call, February, 25th 2008, Mr. Derrick was fired a couple days later, one reason stated was for having “overage” on a load he reported to his supervisors. 

Mr. Derrick later joined with me in a three way telephone conversation with Baker on 03/13/07 regarding his being re-instated as a Driver with CRS.  After being denied re-instatement, Mr. Derrick questioned why he was being denied un-employment benefits.  Mr. Baker was advised that funds that were deducted from his pay had not been applied as required to the Utah un-employment program.  Mr. Baker discounted my assertions that CRS was probably using, or maybe misusing such funds as I had been guilty of when I ran my own trucking company.  We asked Mr. Baker to rectify this issue immediately in order that Mr. Derrick would not suffer further harassment and retaliation due to being involved in a DOT complaint.

Today March 18, 2008 Mr. Derrick again contacted Mr. Baker regarding his un-employment benefits and what he thought was good news that he thought he had been re-instated.  A taped conversation, (see attachment), indicates the truth of my accusations regarding the miss-use of these funds on the part of CRS.  Mr. Baker went on to tell Mr. Derrick that the missing payments were only sent to Utah un-employment office on 03/17/08.  When last checked this date, Utah un-employment had not received payments.  The apparent miss use of these fund(s) is creating financial harm and stress on Mr. Derrick and is considered further retaliation on the part of CRS and its officials.   See:   http://unitedaffirmativeactiondevelopment.com/id41.html

When Mr. Derrick spoke to Mr. Baker regarding his son, a CRS Owner Operator, receiving a QualCom message, stating, “If you can get in touch with your father, let him know he has been re-instated”.  Mr. Baker explained to Mr. Derrick that the information he had received regarding being re-instated was mistaken transmission, and he apologized for the miss-information. 

I advised Mr. Derrick that I had conversed with Utah DOT this date, and had been told that CRS was being reviewed for DOT violations, not because of my complaint, but is a periodic review that is often done for companies the size of CRS.  The investigator heading up the investigation from the Utah office of the Federal Motor Safety Carrier Administration, FMSCA is Mr. David Blaur, Phone # 801 963-0096 ext 203.  It was stated that complaints can be received by telephone and e-mail. 

It is advised that those who have DOT complaints regarding CRS contact the above DOT official. 

Today March 28, 2008 I spoke to Kay at the UTAH Attorney General’s Office regarding the duplication and red-tape truck drivers had to navigate in order to file discrimination and other complaints in the state of UTAH.  Kay went on to state that “you should go to another company to seek employment, if you are not happy with this company”.  After explaining to Kay that I as a former police officer felt that her department had an obligation to investigate criminal activity, regardless of one’s race, I told her to look at the web site.  I also accused her of being illiterate and a racist.  See:   attached recording / http://unitedaffirmativeactiondevelopment.com/id43.html

The book goes on to state that corporations were originally designed to contain the SLAVES, (African Americans), first by discriminating against them in work place, and when hired delegating them to cotton fields, while giving poor Whites better positions in the sweat plants, and other labor positions.

As the CEO of   WWW.UNITEDAFFIRMATIVEACTIONDEVELOPMENT.COM (UAAD), I recently spoke with Mr.   Bill.Baker@centralref.com , the Human Resources Director, of  www.CENTRALREF.com  who advised that I had been terminated due to remarks I had posted on:  www.uaad.org  / http://unitedaffirmativeactiondevelopment.com/id41.html

http://unitedaffirmativeactiondevelopment.com/id45.html

see:   www.truckerscomplaint.com

This is a complaint(s) that United Affirmative Action Development Corp, UAAD is asking the Office of the Attorney General to investigate, on behalf of many Truck Drivers employed by CENTRAL REFRIGERATED SERVICES, INC  aka as CRS.  See:  www.uaad.org.

CRS is in violation of Civil Rights Laws and regulations

CRS is in violation of DOT regulations

CRS is in violation of labor laws, (see:  attached complaint)

CRS discriminate based on race, and retaliate against those who report discrimination and DOT violations, see:  http://unitedaffirmativeactiondevelopment.com/id41.html 

http://unitedaffirmativeactiondevelopment.com/id42.html

If your agency cannot investigate or act on these serious violations, we at UAAD would like a referral to the agency .................................................

We would appreciate a reply as soon as possible.

After business hours, or if having problems contacting DOT, please feel free to contact:  Walter L. Ellis CEO UAAD,    uedcinc@aol.com   www.uaad.org  866 276-2294, toll free

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

CRS – HAZ-MAT VIOLATION?

March 13, 2008

Recently it was demanded by Mr. Bill Baker, Director of Human Resources, and Attorney Mark Wilkey of CRS that I tear down my website.  I was told if I failed to do so my lease contract with CRS would be terminated by 03/07/08 by 5PM PST.  I was also told that I would be sued for the malicious, false information appearing on the site regarding CENTRAL REFRIGERATED SERVICE, CRS. I failed to tear down the site, and instead have added additional information, neither being false nor malicious.

I have received many reports of CRS and its illegal activities in my short time with the company, but there is one that might be of interest to the Citizens of Salt Lake City.

Driver(s) stated to me that recently they were asked to pick up a trailer of hazards material that was parked in an unsecure area of the City.  This trailer had been left in this unsecure area apparently by one of CRS’s untrained Drivers.  The Driver had apparently believed to have removed the haz-mat placs from the trailer, possibly to go through various tunnels and restricted areas dangerous and illegal.  It appeared that DOT was notified of the location of the illegal dangerous trailer and load.  It is now believed that the DOT Officials conspired with CRS officials in removing this haz-mat load away from the location without publicity or penalty to CRS.

I have been told that if investigated, the above will show an ongoing conspiratorial relationship between CRS and UTAH DOT.

I’m awaiting your law suit Mr.Baker and Wilkey.

The “State of BLACK AMERICA” as Related to CENTRAL REFRIGERATED SERVICE, CRS

March 9, 2008

CENTRAL REFRIGERATED SERVICE INC, (CRS) is a large trucking company hauling refrigerated freight.  CRS’s principle owner is also the owner of SWIFT TRUCKING COMPANY and other entities.  CRS hire and train many African Americans to haul their freight.  Their training program, using government funds, is very inadequate in its implementation and procedures.  After using these Federal and other funding to train drivers CRS violate the programs by shorting the length of the training in order to put these trainees behind the wheel of trucks.  These drivers are improperly trained, for the sole purpose to increase company revenue.  Complaints about CRS’s procedures have been reported to the FEDERAL MOTOR SAFETY CARRIER ADMINISTRATION, (FMSCA) under the leadership of the Bush Administration, who fail to react to complaints when African Americans are involved.  An investigation will reveal the inadequacy and danger of this program supported by tax dollars, and in violation of the Department of Transportation rules and regulations.   This company operating under the guidelines of Federal Regulations of Affirmative Action, Civil rights legislation under the Department of Justice, and regulations mandated by the Department of Transportation when and if enforced, will contribute to an improvement in the “STATE of BLACK AMERICA”. See:  http://www.unitedaffirmativeactiondevelopment.com

http://www.unitedaffirmativeactiondevelopment.com/id41.html

 A SUGGESTION TO DRIVER MANAGER

March 4, 2008

We need to build a team of “one for all and all for one”, in doing so we will develop the best company in existence, in my opinion a driver manager should present all relative questions and problems to management and insist that they reply with relative answers. A driver manager should be aware and suspicious when a load planner states he or she is short of freight, while pushing others to work beyond their capacity, and in violation of DOT regulations. A driver manager shouldn’t allow others t run illegal while those in his or her fleet are suffering for loads. A driver manager should make management aware of the appearance of discrimination or unfair treatment of those in their fleet and also in other fleets which reflect on the entire company. Only when CRS will pay the drivers for what they do, will they be able to insist that the drivers “log what they do, and do what they log”. Only with fair and ample pay can a driver log legally and CRS is very aware. When meeting with company officials one stated that if give the opportunity he would only pay if asked. To me that was an indication that CRS felt they were allowed to be dishonest and cheating an employee to me is the same as stealing. If a driver steals from the company, and depending on the driver he or she may be fired. The company and or its officials should suffer the same consequences under similar circumstances.

There should be more equality in dispatch procedures. For example some solo drivers are consistently “logging” in excess of 2500-3000 miles per week. This can only be done by manipulating the log book. This process and a procedure allowed by CRS creates a system where some privileged drivers decrease the revenue of the underprivileged and does so in an illegal manner. If driver managers posses the necessary experience and administration skills, they should be able to detect and adjust the work load in order that everyone can have an equal opportunity to make a living and take care of their family and needs. In my opinion a driver manager should be a buffer between management and the drivers. As such they should have knowledge of the contractual agreements that will benefit the drivers and O/O. When compensation is due the driver manager should investigate, apply that pay to the drivers income and notify the driver of such pay and benefits in order that he or she can know in the future. If we get paid for what we do, and are paid without begging, it will be surprising how the moral and production will increase. If we become a TEAM where we can share payroll income, rather than hiding same, we will began to see a TEAM effort

There is inequality in the dedicated fleets. For example it appears that the “catfish” dedicated fleet provides less mileage, less benefits with a larger percentage of African Americans in this fleet. In the Coors fleet with high mileage, high pay and some of the best benefits is manned by the majority being Caucasian. And so of the other better paying dedicated runs are also manned by the majority being Caucasian. These disparities have the appearance of discrimination and should be addressed by CRS.

UNITED AFFIRMATIVE ACTION DEVELOPMENT CORP, (UAAD), a 501c3 non profit, is also concerned with the lack of African Americans in key positions within Central Refrigerated Service, (CRS). It is my understanding that no African American is part of the corporate structure. It is my understanding that there are no Load Planners, a position that determines the financial survival of Drivers and Owner/Operators. CRS ignore Affirmative Action Regulations set forth by US laws. After the end of this administration led by Cheney and this “son of a bush”, who supports CRS’s discriminatory practices, it is our hope that the next Administration will bring Hope and Change.

CRS’s failure to address the many DOT violations committed by Driver Managers, Safety Managers are more serious than those committed by the Airline industry and supported by the FAA. Violations committed, by CRS and over looked by the FMSCA, is more serious than those of the airline industry. In CRS’s fleet there are numerous Ex- Law Enforcement Officers, many who are African American and would make excellent Safety Officials.

CRS fire Drivers who threaten to file DOT complaints. CRS retaliate against Drivers and Owner/Operators who file complaints with the Federal Motor Safety Carrier Administration. This government agency as most in the bush Administration, fail to enforce the regulations, especially when African Americans are concerned. See: attachments

( forward this document to Mr. Bill Baker, HR. I don’t have his e-mail address. Also before I post some or all of this document on my website could you or CRS officials review and let me know if and what false liable statements are stated. Possibly the other site(s) can be torn down as demanded and replaced with this information. Such a site may read www.CENTRALvs UAAD.com).

Due to the discrimination and DOT complaints, I have been retaliated against by CRS's administration general counsel and driver managers. These retaliation are in direct violation of :

The U.S. Equal Employment Opportunity Commission


Retaliation

 An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.

In addition to the protections against retaliation that are included in all of the laws enforced by EEOC, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else's exercise of rights granted by the ADA.

There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. These three terms are described below.

Adverse Action
An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:
  • employment actions such as termination, refusal to hire, and denial of promotion,
  • other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and
  • any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.
Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker's current employer to retaliate against him for pursuing an EEO charge against a former employer.
Of course, employees are not excused from continuing to perform their jobs or follow their company's legitimate workplace rules just because they have filed a complaint with the EEOC or opposed discrimination.
For more information about adverse actions, see EEOC's Compliance Manual Section 8, Chapter II, Part D.
Covered Individuals
Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to terminate an employee because his spouse participated in employment discrimination litigation.
Individuals who have brought attention to violations of law other than employment discrimination are NOT covered individuals for purposes of anti-discrimination retaliation laws. For example,"whistle blowers" who raise ethical, financial, or other concerns unrelated to employment discrimination are not protected by the EEOC enforced laws.
Protected Activity
Protected activity includes:
Opposition to a practice believed to be unlawful discrimination
Opposition is informing an employer that you believe that he/she is engaging in prohibited discrimination. Opposition is protected from retaliation as long as it is based on a reasonable, good-faith belief that the complained of practice violates anti-discrimination law; and the manner of the opposition is reasonable.
Examples of protected opposition include:
  • Complaining to anyone about alleged discrimination against oneself or others;
  • Threatening to file a charge of discrimination;
  • Picketing in opposition to discrimination; or
  • Refusing to obey an order reasonably believed to be discriminatory.
Examples of activities that are NOT protected opposition include:
  • Actions that interfere with job performance so as to render the employee ineffective; or
  • Unlawful activities such as acts or threats of violence.
Participation in an employment discrimination proceeding.
Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid. Examples of participation include:
  • Filing a charge of employment discrimination;
  • Cooperating with an internal investigation of alleged discriminatory practices; or
  • Serving as a witness in an EEO investigation or litigation.
A protected activity can also include requesting a reasonable accommodation based on religion or disability.
For more information about Protected Activities, see EEOC's Compliance Manual, Section 8, Chapter II, Part B - Opposition and Part C - Participation.

Statistics

In Fiscal Year 2007, EEOC received 26,663 charges of retaliation discrimination based on all statutes enforced by EEOC. The EEOC resolved 22,265 retaliation charges in 2007, more than were filed during the course of the Fiscal Year, and recovered more than $124 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Need more information?

The law:  Title VII of the Civil Rights Act

The regulations:  29 C.F.R Part 1604.11

Enforcement guidances and policy documents:

EEOC Compliance Manual, Section 8, Retaliation (May 20, 1998)

EEOC Compliance Manual, section 2, Threshold Issues (May 12, 2000)

You may also be interested in:

How to File a Charge of Employment Discrimination

Mediation at EEOC

Training and Outreach

Information for Small Employers

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